05/29/2007 Council Packet - Laserfiche WebLink

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STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY STATE FIRE MARSHAL DIVISION 444 Cedar Street, Suite 145 * St Paul, MN 55101 -5145 Phone: 651/201 -7200 * Fax: 651/215 -0525 * TTY: 651/282 -6555 INSTRUCTIONS REQUEST FOR VARIANCE / TIME EXTENSION REOUEST FOR FIRE CODE VARIANCE: The procedures for fire code variance requests are established under Minn. Stat. § 299F.011, Subdivision 5. When consider a variance the following must be met. The requesting party should show that A. There is substantial compliance with the provisions of the fire code. B. The safety of the public and building occupants will not be jeopardized. C. Undue hardship will result to the requesting party unless the variance is granted. The following steps must be taken to apply for a variance: 1. Submit a request to the local governing body for a variance to the order issued by the state or local fire inspector. (The local governing body would be the city council, county board, board of supervisors, board of appeals, or town board in the area where the orders were issued.) • Your request should contain specific information on how you meet items A, B, and C above. • The local governing body may move to endorse the variance, deny or modify the variance, or defer the matter to the State Fire Marshal. • REMEMBER, it is up to YOU to present your case to the local governing body. 2 ` Submit the followingitems as a package directly to the State Fire Marshal in St. Paul (address above): • A notarized or certified copy of the local governing body's action. In lieu of notarized/certified copies, faxed copies from the governing body are acceptable. • A variance request form (copy attached). • A letter explaining how your request meets the requirements outlined in A, B, and C listed above. Remember you must supply information to be considered. • Supplemental information such as floor plans, diagrams, contractor bids or estimates, and photographs are encouraged as they assist in making a determination relating to your request. 3. Once items 1 and 2 have been received, your request will be placed on the Fire Marshal's Code Advisory Panel agenda for their consideration. The Panel may solicit comments and information from the involved inspector, the party requesting the variance and/or the local Fire Chief After a thorough evaluation of the issue, a recommendation will be made to the State Fire Marshal. 4. The State Fire Marshal will issue a decision approving, modifying, or rejecting the variance. You will be notified in writing within ten (10) working days after the Fire Marshal has made his/her decision. 5. If the request is not granted, you may proceed before the Fire Marshal as with a contested case in accordance with the Administrative Procedure Act. This consists of a hearing that is similar to a court trial. This request must be made in writing to the State Fire Marshal at the address above. It is suggested that you consult legal counsel prior to commencing a contested case hearing. page 1 of 2 —59f- • •